In his final submissions on Thursday, lawyer Alan Sseruliika told court presided over by Duncan Gaswaga that prosecution had failed to prove that there was intention to kill since no witness brought forth that evidence.

“Prosecution witness four, five and six who include Joseph Kananura, Moses Kananura [the deceased brother] and Saad Ndayiza clearly stated that they had no knowledge that the accused had such intentions,” he said in a fully packed court.

He said there was no evidence of malice aforethought by the accused or knowledge of the same, and hence the death of Juvenal Nsenga was not murder as alleged by the prosecution side.

“In cases of homicide, the intention and knowledge of the person at the time of committing the offence is rarely proved by direct evidence,” he added.

“This accident killing is called a killing by misadventure or misfortune without culpable negligence. It is excusable and is subject to no punishment or forfeiture. It is my prayer that the accused is acquitted of the charges and neither is she guilty of manslaughter,” he defended.